We use cookies to give you the best possible experience on our website. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them.

Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,Get an Answer ASAP!

By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them.

I'm really confused where to start and if I should bother…

Customer Question

Hi. I'm really confused where...

Hi. I'm really confused where to start and if I should bother trying. My ex and a I split up a month ago. I cheated on him so would I be entitled to anything? We have a 5 yr old daughter and he's taking care of her because he doesn't work and my odd working hours means I can't see her much. We've been defacto for 9 years and all I want is half of the money from the sale of the second house. Would I be asking too much?

Good AfternoonMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.The cheating has nothing to do with your entitlements. You have been in a medium to long term relationship and you have a right to a share of the assets. The law will apply the following 4 steps. Step 1: Determine what the assets are and their value This will include all assets and their value as at the day that you are dividing them. It does not matter whose name the assets are in, they will form part of the matrimonial pool. Superannuation entitlements are also included. Step 2: Determine what contributions you and your spouse made towards the assets. This includes a consideration of both financial and non-financial contributions. Consideration is given to what assets each of you brought into the marriage as well. The weight given to your initial contribution will be dependent upon the length of your relationship. The longer the relationship the less weight given to the initial contribution. Step 3: What are each of your future needs. Consideration is given to your respective ages, your comparitive income earning capacity as well as other factors. If these things don&#39;t balance equally for each spouse, then an adjustment is made in the percentages. Step 4: Make an order that is just and equitable between both spousesThe law applies the same to married and defacto couples. In WA you are not entitled to his superannuation though. You are also entitled to apply for child support and if he earns more than you and you are dependent you can apply for your own spousal support. Your cheating on him is irrelevant to any of the above. I hope this makes sense and is of assistance. If there is nothing further thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon

Good EveningI'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.If I have missed anything, or you have any further questions please let me know.If there is anything else in the future please do not hesitate to ask.Please do not forget to leave positive feedback.I look forward to hearing from you.RegardsLeon

My daughter inlaw had a car accident in a carpark as she was reversing out of her space the other car involved was reversing as well but there is no proof of who reversed first except her boyfriend bu… read more

My son was charged with shop lifting last Thursday night, the value of the items were less than $300. My son has obtained rather an extensive criminal record over the past 5 years and was only release… read more

I brought a car from a car dealership on 28 march 2018 in Southport QLD with good faith there was nothing wrong with vehicle. Same day when me and my partner drove home there was an issue with car, we… read more

Hi, I looked at a car with a view to buy with Titan Ford Melville, The car I test drove was black and I wanted a white car , they informed that they could get a white car in for me to see, I had to pu… read more

Hi Pearl, I run a dog grooming business. A recent ex employee is ising pictures of my grooming clients taken on my premises while employed by me to promote her new business. I have asked her to remove… read more

My mother passed away 27th Dec 2015, I am co executor with my brother and a solicitor. This has dragged on for way to long and I have lost all faith in the competence of the solicitor. My brother has … read more

Second opinion] My bank-nab-has charge my a/c with a $2.50 fee since Feb 2016 on my lotto +tab a/cs,i rang them and they refunded the last 2 statemaents 28 but i have been charged 248 fee,s,starting f… read more

Hello my name is ***** ***** I've been going through Mortgage fraud as I was put in an unsuitable loan back in 2014.I have taken this case to the Credit & investigation Ombudsman's in 2015.But due to … read more

My name is ***** ***** i was just informed that my partner that i am separated from has change our child's sir name without my consent. My child is 12 1/2 years old. I found out that she is going by my wife's maiden name. i am in Victoria. … read more

In what instance can gst be charged on wages. We live in a retirement village and pay gst on Management fees we are as from 1 January 2018 also being charges gst on wages paid to employees. Is this le… read more

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).